r^ \<a-Vv^^'^> V^rri w^er /^ss 



v> 



S 641 
. N3 
t Copy 1 ^' 

No. lO. 

ON THE OUTLOOK 



FOR 



UNIFORM LEGISLATION 



Inspection and Sale 



FERTILIZERS 



PUBLISHED BY THE 



NATIONAL 

Fertilizer Association 

March, 1885. 



BALTIlVrORK. 



BALTIMORE: 

GUGGENHEIMER & WEIL, PRINTERS, 
1885. 



ON THE OUTLOOK 



UNIFORM LEGISLATION 



Inspection and Sale 



OF 



FERTILIZERS. 



PUBLISHED BV THE 



NATIONAL 

Fertilizer Association 

March, 1885. 



BALTIIMORE. 



BALTIMORE: 

G U G G E N H E I M E R cS: WEIL, PRINTERS, 
1885. 



OCT S2 1913 



,H5 



J 



PREFACE. 



On the following pages will be found a condensed statement of the 
situation in which the fertilizer industry stands at present. The recog- 
nition of the necessity of modifying the laws of the several States on part 
of the authorities entrusted with their execution and the expression of 
their readiness to eo-operate with the trade for the purpose of establish- 
ing greater uniformity in all matters where uniformity can be obtained, 
bespeak for themselves the usefulness and the satisfactory result of the 
work of this Association. A careful reading of the extracts from the 
letters of the various State officials is therefore urgently recommended to 
all members and to the trade in general. Since the formation of the 
Association of Official Agricultural Chemists, the troublesome analysis 
question has entered upon a new stage ; for, the State Chemist's x\ssocia- 
tion is pledged to assist us in all efforts tending to remove the causes of 
annoyances, and a tribunal is practically created by this Association of 
State Chemists to which manufacturer's in case of a disputed analysis 
should be able to appeal. 

The transition from the present chaotic state of legislation on the sub- 
ject of fertilizers to rational uniform legislative enactments is necessarily 
fraught with many difficulties, which only contiuued perseverance and 
unabating energy will ultimately overcome. But if the present outlook 
does not contain a large promise of success, and if the present circum- 
stances do not look ominously propitious, then it is difficult to imagine 
a constellation that will rouse the indifference of the trade. Our Associ- 
ation believes that the time has now arrived to accomplish much good 
and to achieve some results, at least, that will permanently inure to the 
benefit of the trade, and it is hoped that the earnest and careful perusal 
of the following pages will generate the same conviction in the minds of 
all readers. 



Baltimore, March, 1885. 



At the last annual meeting of the members of this Associa- 
tion, the subject of effecting such changes in the laws of the 
various States, on the inspection and sale of fertilizers, as would 
inure to the benefit of manufacturer and consumer, formed one 
of the principal topics of discussion. As was then already 
expressed, the Association concluded to take up this important 
issue in a systematic way, and secure for this purpose, first, the 
co-operation of all Commissioners of Agriculture and State 
Boards of Agriculture; and, secondly, the consensus of opinion 
of the whole trade as to the provisions which a just and 
equitable law should embrace. 

Since May, 1884, the Association succeeded in obtaining a 
hearty and earnest endorsement on the part of nearly all gen- 
tlemen whose oflicial position renders their assistance and 
approval of great, nay, of essential value, for success. From 
the copious correspondence on this subject a few extracts will 
sufiice to show how favorably the efforts of our Association 
to bring about modifications in the present laws, with a view 
to greater uniformity, are being looked at, and how the way of 
accomplishing the object in view is being likewise considered 
as the one best calculated to lead to a satisfactory issue. The 
modus ojyerandi determined upon by the board consists, briefly, 
in presenting to a Conference of all Commissioners of Agricul- 



ture and State Officers, in charge of fertilizer-control-work 
the draft of such a law as, in the opinion of the trade, meets 
the le2:islative requirements on this matter, and commends 
itself on account of its simplicity, justice and equity to 
general adoption. If a mature and deliberate discussion 
of all its provisions by such Conference results in its unani- 
mous endorsement, this fact of itself, it is believed, will go far 
towards influencing the legislatures of the various States to 
supersede by its passage previous enactments on the fertilizer 
control. The State Departments in charge of fertilizer control, 
by endorsing such a law, pledge by such endorsement their 
influence in its favor, and remove it, thus, from the sphere of 
politics, pure and simple. It may not be possible to have such 
a law enacted at once in every State, but well directed and con- 
tinued eftorts of the trade, aided by the Departments, will, no 
doubt, ultimately lead to success. This is, briefly stated, the 
outline of the work which the Association, in the near future, 
proposes to undertake. That all preliminary labors are now 
completed, and that the Association feels now prepared to pro- 
ceed from theory to practical measures, will, it is hoped, be con- 
sidered an evidence of the quiet and yet so eflicient work which 
has been done since last May. Subjoined are some passages 
from letters received, which substantiate the assertions made 
liereinbefore, and which show in what light the situation 
deserves now to be considered : — 

Dr. Chas. W. Dabney, Jr., State-Ohemist. North Carolina— 
"Uniform regulations for the fertilizer-control are certainly very 
desirable, and I deem it unwise for the law-makers to go into 
details and undertake to stipulate what shall be the composition 
of fertilizers, the methods of analysis, and the manner in which 
the packages shall be branded. I am aware that the laws of 



•some States, at the present time, are a bar to uniformity, and I 
•suggest that you call a conference of the beads of Departments 
of Agriculture, or officers baving this Tvork in cbarge, and get 
them to memoralize their legislatures.'' 

Thomas J. Edge, Secretary State Board of Agriculture of Penn- 
sylvania — "As to the conference to which you allude, I 
will say that I am strongly in favor of just such a conference. 
My impression is that we would all be the gainers by some 
universal principle which could be applied to all such laws. 
Allow me to assure you, and through you your Association, that 
I will do what I can to forward any improvement, or to assist, 
in any possible way, to bring about changes for the better. I 
iirmly believe that the interests of the consumer and the manu- 
facturer are identical : that any change in the laws which will 
benefit one, will, in like manner, be to the interest of the other. 
If we could only obtain a universal law and a universal method 
of analysis, we would then soon see our way out of our difficul- 
ties, and you can be assured of my help in this direction." 

Hon. A. P. Butler, Commissioner of Agriculture of South Carolina 
— ^" I realize the force of much that you say in regard to 
the hardships imposed upon the fertilizer trade in some of the 
States, and I also fully concur with you that, if possible, some 
imiform system should be adopted that would relieve the trade 
of these troubles. I shall be glad to co-operate with you in any 
way in my power to accomplish this end." 

Hon. E. 0. Betts» Commissioner of Agriculture of Alabama— 
•^' The o-reat utilitv of such a conference has often occurred to 
my mind, and if it should take place at such time and place as 
would enable me to participate in it, I shall certainly do so." 

Prof. G. H. Cook, Director Agricultural Experiment Station of New 
Jersey — " The enormous extension of the use of commercial 
fertilizers, and the magnitude of the inter-state trade in 



them, renders it important that there should be uniformity in 
the State laws regarding their manufacture and sale. We shall 
be glad to use our influence for the passage of any uniform and 
just law to regulate the manufacture and sale of fertilizers." 

Z. A. Gilbert, Secretary Beard of Agriculture cf Maine—" I most 
heartily endorse your poposition to hold a meeting or con- 
ference. There is much in the matter that needs systematizing,, 
which can only be done by a conference. Should such a meet- 
ing be called I should make it a point to be present." 

Hon. Eandolph Harrison, Commissioner of Agriculture of Virginia 
— "It gives me pleasure to say (of course without com- 
mitting myself beforehand to any innovation), that your propo- 
sition has my cordial approval ; that nothing but good can result 
from a conference such as you suggest. Permit me, further, to^ 
say that you have stated so strongly the need of uniformity 
in the laws regulating the sale of fertilizers in different States,. 
that I could not withhold my assent to your views, even if the 
subject had never been brought to my attention. I am much 
impressed with the conservative, dignified mode of proceeding 
of the Association represented by you, and beg to assure yon 
that I will heartily co-operate with you. Please command me 
at any time." 

Hen. J. T. Henderson, Commissioner of Agriculture of Georgia — 
" I proceed now to give my views of the questions pre- 
sented in the same spirit of candor which pervades your 
letter. In regard to the desirableness of greater uniformity in 
those details of the laws for the inspection of fertilizers, in 
several States which directly bear upon the business, there can 
be no question. Uniformity in the requirements in regard to- 
standard quality, brands, tags, methods of inspection and analy- 
sis, and the style and character of the fertilizer bulletins issued 
by the several State Departments, or Boards of Fertilizer-Con- 



9 

trol, would conduce not less to the convenience of the latter 
than to the advantage of manufacturers and dealers. In regard 
to an effort to secure co-operation between the several Coram is- 
missiouers and Boards of Control, for uniformity in all matters 
in their discretion, I am very favorably inclined. The substance, 
then, of my views is that a conference of such officials is desira- 
ble, and that much good may be accomplished by agreement in 
all details within their control, but my doubts almost preclude 
the hope that the Legislatures can be induced to adopt and 
continue any uniform system." 

Prof. W. Latham, University of West Virginia—" It will give 
me very great pleasure at any and all times to co-operate with 
your Association in the effort to accomplish the reforms it has 
in view." 

Hon. Montford McGehee, Ccmmissioner of Agriculture cf Noiih 
Carolina — '^' Uniformity upon the points referred to in your 
letter, as registration of brands, branding of bags, etc., is 
certainly desirable, and might be attained upon conference, 
except in those cases where positive enactments constitute a bar. 
You have my best wishes for success." 

Hon. A. J. MoWhirter, Commissioner of Agriculture cf Tennessee— 
"I am in hearty accord with those who favor a conven- 
tion for the purposes set forth in your letter, and I do think 
that united action in this most important work would result for 
the best interests of all, and therefore suggest that it be urged 
in such manner upon all Commissioners as will command their 
personal attendance. I will cheerfully respond." 

Dr. E. L. Sturtevant, lirectcr of Agricultural Experiment Station, 
New York — " While our station is in no sense a control station, 
and has no necessary connection with fertilizer-analysis, we 
p.annot but feel an interest in a subject which has such close 
relation to profitable farming. It seems to me the great trouble- 



10 

■with the fertilizer trade is that neither its magnitude, nor its 
methods of transacting business, are known to our legislators, 
and while a regulation of the trade by law may be beneficial, 
yet the laws should be so moulded as to benefit alike farmer and 
manufacturer '' 

W. I. Chamberlain, Secretary State Board of Agriculture of Ohio— 
"I should favor any convention that w'ould aid in securing uni- 
formity of legislation and analysis." 

These few extracts, it is believed, will have the tendency to 
convince even those who are skeptical as to the feasibility of 
ever experiencing the benefits of uniformity, that such feasibility 
does not merely exist, but that, moreover, the conditions for 
favorable results in this direction appear quite propitious. 

The Board has, therefore, given much time and study to the 
formulation of a law embodying those features which may be 
said to constitute the essence of all legislation on the subject of 
fertilizers, and M-ill shortly present to the members, and to the 
trade, a draft of one, which every manufacturer is requested to 
fully and freely criticise. By obtaining the opinion of the 
trade in this way, all objectionable features will be ascertained, 
can be amended, and suggestions for embodying in it points that, 
perhaps, have been left out, can be received before it is too late, 
and by the time the draft of a law acceptable to and endorsed 
by the whole trade will be formed, the proposed conference will 
probably not be far off. It seems desirable, therefore, that every 
manufacturer should, without delay, give some time to the con- 
sideration of those provisions which he thinks should be con- 
tained in a model law. 

It may be well to state here that the practice of requiring 
manufacturers to report the selling price of their goods does not 
appear commendable from any point of view. The quotations 
are, as a rule, wholly unreliable and misleading, and tend to 



11 

work great disadvantage to manufacturer and dealer without 
"benefitting the consumrer. Fertilizers should be marked 
exactly as the law uniformly prescribes, and be analyzed under 
that law, so that the analyses may, with a reasonable degree of 
certainty, be supposed to substantially represent what the fertil- 
izers are said to contain. An analysis can never show whether 
phosphoric acid is derived from animal bone or from S. C. rock, or 
what proportion is derived from bone, and what from rock. The 
actual difference between the two consists, as is well known, in 
this : that the phosphoric acid derived from bone becomes soluble 
in the soil in the course of time, from a period of a few months 
to scores of years, depending mainly upon the fineness to which 
it is ground, unbroken bones remaining undecomposed for a hun- 
dred years. In England, where large experience in the use of 
ground bone as manure entitles their opinion to consideration, 
seven years in the soil is allowed for the phosphoric acid in 
ordinary ground bone to become soluble. As the relative solu- 
bility of the remaining phosphoric acid is yet undecided (and 
opinions widely difter on this point), the practice of giving dif- 
ferent valuations to phosphoric acid, according to the sources 
from which it is derived, does not appear to be justified. So 
with ammonia. — The careful chemist, by the use of magnifying 
glasses, may discover the presence of hair, hoof, leather, etc., but 
the analysis gives him only and solely ammonia, irrespective of 
the source whence it is taken. Since, consequently, no absolute 
test can be applied to prove or disprove the truths of a state- 
ment as to what materials were used in the manufacture of fer- 
tilizers, a graduated scale of valuations appears to be based upon 
guess-work rather than scientific, solid reasons. 

All analysis should, however have to be made in strict accord- 
ance with the method which the Association of Official Agricul- 
tural Chemists may from time to time determine upon. 



12 

The rigor thrown into a law should be in the direction of 
securing properly drawn samples from goods entirely out of the 
control of the manufacturer, and of careful analysis by skillful 
chemists, and not by half-trained assistants. What is usually 
considered a rigorous law is mostly one that ignores the limits 
of applied chemistry and provides large penalties, and plenty of 
them. It is unfair that purchasers, by taking advantage of some 
technical flaw in the branding of sacks, or something of that 
sort, should be able to escape paying for goods, bought and used 
by them. The laws now in force absolutely ignore the fact that 
a fertilizer is only one of a half-dozen equally important factors 
that combine to produce a crop, and start on the presumption 
that an application of a commercial fertilizer entitles its pur- 
chaser to a good harvest, regardless of soil, heat, drouth, careless 
cultivation, insects, &c. The question of taxation is one which 
it is not our intention to take up at this time, because it is be- 
lieved that each State must decide for itself whether it be wise 
to tax the farmers, to the exclusion of all other classes, by levying 
a tax on an article which the farmer must have, and the State 
must likewise determine to what extent it is in the interest of the 
State to raise money by such tax. This is considered a ques- 
tion of State policy, which does not afi'ect the trade as much 
as the farmers by enlarging or narrowing down the markets. 
Competition is the life of trade in this, as in all other 
lines, and it would seem to be the province of the legislators- 
to foster competition rather than to ,create monopolies \ij 
throwing the trade into the hands of but a few. But it is a 
matter on which it has been thought best to express no opinion,, 
so as not to jeopardize, by tax-measures, the fate of a bill which,, 
in other respects, meets the requirements of our growing 
industry. 

The fact that our organization moves now onward will also,. 



13 

it is to be hoped, inHuence those who have not yet joined our 
Association to do so, since in this important matter not only 
consensus of opinion, but concert of action and an aggre- 
gation of influence and weight, is absolutely necessary. This 
occasion, more than any previous one, appears to impose 
upon every manufacturer the duty, as a matter of self-inter- 
est, not to stand aloof, but to put the shoulder to the wheel 
and contribute, by membership, his quota towards a successful 
completion of the work now outlined, which would certainly result 
in a permanent amelioration of the situation of our industry. 



LIBRARY OF CONGRESS 



002 756 110 



!', 1 






